2019-2020 / DROI1334-1

European civil procedure

Duration

15h Th

Number of credits

 Master in law (120 ECTS)3 crédits 

Lecturer

Aude Berthe

Language(s) of instruction

French language

Organisation and examination

Teaching in the first semester, review in January

Schedule

Schedule online

Units courses prerequisite and corequisite

Prerequisite or corequisite units are presented within each program

Learning unit contents

The course involves the analysis of European civil procedure, i.e. the main instruments adopted by the European Union that form 'European procedural law' (circulation of court decisions, obtaining enforceable titles, common procedures, obtaining evidence abroad, cross-border service of documents, etc.).

Learning outcomes of the learning unit

The principle of the free movement of goods, services, capital and people encourage the mobility of European citizens and, in particular, the development of trade activities within the entire European Union. Situations with cross-border implications are therefore increasingly frequent, especially in a country like Belgium, owing to its central location in Europe and its small size.
The aim of the European Civil Procedure course is to enable students to acquire knowledge about the different instruments relating to European civil procedure. By the end of the course, students should be able to identify and solve relevant procedural issues in the event of a 'European dispute'. They will also have a certain view of the concrete - and sometimes complex - application of these rules within Belgian courts.

Prerequisite knowledge and skills

Command of the bases of Belgian civil procedural law and private international law.

Planned learning activities and teaching methods

There will be new teaching and assessment methods in 2019-2020.
There are two parts to the course.
The first part of the course is composed of several lectures, focusing on a general presentation of the European legal area.
During the second part of the course, there are no actual classes. The lecturer will be available to the student who are required to complete a piece of written work (see below).

Mode of delivery (face-to-face ; distance-learning)

The course is taught face-to-face. It will take place during the first term on Tuesdays, from 14:00 to 16:00.

Recommended or required readings

Relevant documents (particularly course slides) will be available on the MyUlg portal.

Assessment methods and criteria

The students will be asked to produce a 10-12 page piece of written work (font size 11, spacing 1.15).
The purpose of the work is to present and analyse cases where the European civil procedure rules are applied by the Belgian courts.
More precisely, the work relates to one or two new decisions given by a Belgian court. The examined decision is synthesised and put back into its context (possible controversy or difficulty) and then commented on by the student.
To write this piece of work, the student will take the necessary step to approach the courts in order to select the decision(s) they wish to analyse. Ideally, the student will meet the judge or the person in charge of the Clerk's Office in order to enrich their reflection. Thanks to their contacts with the judiciary, the lecturer will help students with the process.
The student's assessment will relate solely to their written piece of work, which will be briefly presented to the lecturer during an individual oral exam.

Work placement(s)

Organizational remarks

Contacts

Students can contact the lecturer by e-mail: aude.berthe@uliege.be

Adaptation of teaching commitments following the COVID-19 pandemic for the May-June 2020 session

Teaching methods implemented : distance-learning

Assessment subjects

Assessment methods

Contacts

Adaptation of teaching commitments following the COVID-19 pandemic for the Aug-Sept 2020 session

Assessment subjects

For the student who chooses an oral exam, the assessment material is that which has been taught during the course sessions.

Assessment methods

The second session evaluation takes place, at the student's choice:

  • either in the form of a distance oral examination (via lifesize) of fifteen minutes relating to the subject taught;
 
  • either in the form of a written work of 10-12 pages (font 11, line spacing 1.15).
 
The objective of the work is to expose and analyze cases of application of European regulations of civil procedure by Belgian courts.
 
More specifically, the work concerns one or two new decisions delivered by a Belgian court. The decision under consideration is synthesized, placed in context (possible controversy or difficulty) and then commented on by the student.
 
To write this work, the student will take the necessary steps with the courts to select the decision (s) he wishes to analyze.
 
The student's evaluation will relate exclusively to his written work, which will be briefly presented to the professor during a remote individual oral interview (via lifesize).
***
The date of the oral exam or the presentation of the work is fixed by agreement between the professor and the student.
The work must be communicated to the professor by e-mail one week before the date fixed for the oral presentation.
 ***
For July 31, 2020, the student is invited to inform the professor by e-mail:
1) of his choice (work or oral exam),
2) the date (or dates) on which he would like to take the oral exam, or make the presentation of the work and
3) if applicable, of the decision or decisions he intends to comment on in his work.

Contacts

aude.berthe@uliege.be